Donnellan

John Donnellan (appellant) is a police officer employed by the City of Novato. He filed a petition for a peremptory writ of mandate pursuant to Code of Civil Procedure section 1094.5, seeking judicial review of a decision by the City Council of the City of Novato (City Council) suspending him for four days without pay. The trial court denied the petition on the ground that it was barred by the limitations provision in section 1094.6, subdivision (b), because it was filed more than 90 days after the date the City Council’s decision became “final,” which the trial court concluded was the date of a cover letter accompanying the decision mailed to him. Appellant contends that the City Council’s decision was not served in compliance with the statute, and thus denial of his petition as untimely was improper. We agree, holding that the cover letter does not meet the statutory requirement that the mailing include “a copy of the affidavit or certificate of mailing” (§ 1094.6, subd. (b)). We therefore reverse.

Background

On October 30, 1997, appellant, a corporal with the Novato Police Department (Department), received a “Notice of Proposed Discipline” from the Department’s…